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HomeMy WebLinkAbout20093265.tiffINVENTORY OF ITEMS FOR CONSIDERATION • I Applicant Suncor Energy Pipeline Co. Case Number USR-1709 Submitted or Prepared Prior to At Hearing Hearing 1 Staff Comments X Department of Planning Services Field Check Form X Letter to Applicant X Legal Notifications X 2 Application X Maps X Deed/ Easement Certificate Surrounding Property / Mineral Owners X Utilities 3 Referral List X Referrals without comment X 4 Referrals with comments X Weld County Department of Public Works referral received 8/14/2609 (4 pages) X Weld County Department of Public Health and Environment referral received 9/29/2009 (5 pages) X Weld County Department of Building Inspection referral received 7/30/2009 X Colorado Department of Transportation e-mail referral received 9/29/2009 X Colorado Division of Water Resources referral received 7/31/2009 X 5 Surrounding Property Owners/Mineral Owners - Letters i-, It 6 PC Exhibits A Sign Posting Certificate Li ,_„_,t; _ '-,,,,,,,,i, ) X B Department of Planning Services Memorandum to Planning Commission dated 10/6/2009 X C Ground Water Supply Letter from Tetra Tech dated 4/20/2009 & well permit information X D Letter from Tetra Tech to Fort Lupton dated 9/30/2009 re: screening X E Tetra Tech Memo to Planning Commission dated 10/6/2009 (3 pages) X F Power Point Presentation (6 pages) X 7 —Flaming-Gemmission Resolution 8— --Property-OwnertMineral_Owner Notification -Letter- X I hereby certify that the 14 items identified herein were submitted to the Department of Planning Services at or prior to the scheduled Planning Commissioners hearing. 2009-3265 - • • • • Chris Gathman E Planner Ill • a 11`k COLORADO • Case Number: USR-1709 LAND USE APPLICATION SUMMARY SHEET Hearing Date: October 6, 2009 Applicant: Suncor Energy (U.S.A.) Pipeline Company, C/O Terrence Larson 1715 Fleischli Parkway, Cheyenne, WY 82001 Representative: Tetra Tech, Inc. — Julie Cozad 1900 S. Sunset Street, Suite F, Longmont, CO 80501 Request: Site Specific Development Plan and Special Review Permit for an Oil and Gas Support and Service Facility (Crude Oil Truck Unloading Facility) in the A (Agricultural) Zone District. Legal Description: Lot A of AmRE-2918 being Part of the NW4 of Section 20, T2N, R66W the 6th P.M., Weld County, CO Location: South of and adjacent to CR 20 and East of State Hwy 85 Size of Parcel: +/- 34.5 / USR boundary +1- 12.3 acres POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS The criteria for review of this Special Review Permit is listed in Section 23-2-220 of the Weld County Code The Department of Planning Services' staff has received responses from the following agencies: ➢ Weld County Department of Building Inspection, referral dated 7/30/2009 ➢ Weld County Department of Public Works, referral received 8/14/2009 ➢ Weld County Department of Public Health and Environment, referral received 8/24/2009 State of Colorado, Division of Water Resources, referral received 07/31/09 State of Colorado, Department of Transportation, e-mail received 09/29/09 City of Ft. Lupton, e-mail received 08/19/09 The Department of Planning Services' staff has not received responses from the following agencies: State of Colorado, Oil & Gas Conservation Commission Weld County Code Compliance Weld County Sheriffs Office State of Colorado, Division of Wildlife Weld County Ambulance Services Platte Valley Fire Protection District Union Pacific Railroad Platteville Ditch USR-1709 — Suncor Crude Unloading Facility 1 • • • iota% Illic COLORADO Planner: Chris Gathman Case Number: USR-1709 SPECIAL REVIEW PERMIT ADMINISTRATIVE REVIEW Hearing Date: October 6, 2009 Applicant: Suncor Energy (U.S.A.) Pipeline Company, C/O Terrence Larson 1715 Fleischli Parkway, Cheyenne, WY 82001 Representative: Tetra Tech, Inc. — Julie Cozad 1900 S. Sunset Street, Suite F, Longmont, CO 80501 Request: Site Specific Development Plan and Special Review Permit for an Oil and Gas Support Facility (Crude Oil Truck Unloading Facility) in the A (Agricultural) Zone District. Legal Description: Lot A of AmRE-2918 being Part of the NW4 of Section 20, T2N, R66W the 6th P.M., Weld County, CO Location: South of and adjacent to CR 20 and East of State Hwy 85 Size of Parcel: +1- 34.5/USR boundary +/- 12.3 acres Parcel Number: 130920200058 THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance with the application requirements of Section 23-2-260 of the Weld County Code. 2. It is the opinion of the Department of Planning Services' staff that the applicant has shown compliance with Section 23-2-220 of the Weld County Code as follows: A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other applicable code provisions or ordinance in effect. Section 22-5-100 A. OG.Goal 1. Of the Weld County Code States: "Promote the reasonable and orderly exploration and development of oil and gas mineral resources." Section 22-5-100 2. OG.Policy 1.2.of the Weld County Code States: "Oil and gas support facilities which do not rely on geology for locations should locate in commercial and industrial areas, when possible, and should be subject to review in accordance with the appropriate sections of this Code." This proposed facility is in an appropriate location due to the close proximity to existing oil and gas and industrial uses as well as its proximity to U.S. Highway 85. USR-1709 — Suncor Crude Unloading Facility 2 B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A (Agricultural) Zone District. Section 23-3-40.A.2 of the Weld County Code provides for Oil and Gas Support and Service as a Use by Special Review in the A (Agricultural) Zone District. C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing surrounding land uses. The site is located to the east of three existing commercial/industrial/oil and gas use by special review permits. SUP -359 (pump station facility) is located approximately 1,000 feet to the west of the site, USR-1459 (vehicle sales and detailing) and USR-1227 (manufacturing facility) along with the Union Pacific Railroad are located approximately 1,500 to 1,800 feet to the west of the site. An existing single-family residence is located approximately 500 -feet to the west of the proposed site (across County Road 20). The proposed main access to the facility will be located approximately 850 feet from the access to this single-family residence. Agricultural land is located immediately to the north, south and east of the site. No phone calls or letters have been received from neighboring property owners. Attached Conditions of Approval and Development Standards (screening plan, lighting plan...) will help to ensure that the proposed use is compatible with the surrounding area. D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future development of the surrounding area as permitted by the existing zoning and with the future development as projected by Chapter 22 of the Weld County Code and any other applicable code provisions or ordinances in effect, or the adopted Master Plans of affected municipalities. The existing site lies within the three mile referral area for the City of Fort Lupton. No referral response has been received from the City of Fort Lupton. E. Section 23-2-220.A.5 -- The application complies with Section 23-5 of the Weld County Code. The existing site is not within a recognized overlay district, including the Geologic Hazard, Flood Hazard or Airport Overlay District. The existing site is within the County- wide Road Impact Fee Area and the Capital Expansion Impact Fee Area. Effective January 1, 2003, Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County Road Impact Program. (Ordinance 2002-11). Effective August 1, 2005, Building Permits issued on the proposed lots will be required to adhere to the fee structure of the Capital Expansion Impact Fee and the stormwater/drainage impact fee. (Ordinance 2005-8 Section 5-8-40) F. Section 23-2-220.A.6 -- The applicant has demonstrated a diligent effort to conserve prime agricultural land in the locational decision for the proposed use. The proposed site is designated as "prime" per the 1979 Soil Conservation Service Important Farmlands of Weld County Map. The USR site will encompass only 12.3 acres of an existing 34.5 acre parcel. G. Section 23-2-220.A.7 -- The Design Standards (Section 23-2-240, Weld County Code), Operation Standards (Section 23-2-250, Weld County Code), Conditions of Approval and Development Standards ensure that there are adequate provisions for the protection of health, safety, and welfare of the inhabitants of the neighborhood and County. This recommendation is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities. The Department of Planning Services' staff recommendation for approval is conditional upon the following: 1. Prior to recording the plat: A. The plat shall be prepared per Section 23-2-260.D of the Weld County Code. (Department of Planning Services) USR-1709 - Suncor Crude Unloading Facility 3 • • • B. All sheets of the plat shall be labeled USR-1709. (Department of Planning Services) C. The plat shall be amended to delineate the following: 1) The attached Development Standards. (Department of Planning Services) 2) The approved Screening Plan. (Department of Planning Services) 3) County Road 20 is designated on the Weld County Road Classification Plan as a local gravel road, which requires 60 -feet of right-of-way at full build -out. The applicant shall verify the existing right-of-way and the documents creating the right-of-way. Existing and/or future right-of-way shall be identified. (Department of Public Works) 4) Add note: "U.S. Highway 85 Access Control Plan WCR 20 (MP 245.19): An existing public road access is on the east side of U.S. 85. This access currently functions as a full movement, unsignalized intersection. Left turn/right turn improved acceleration/deceleration lanes (medium priority) are required. Verify with CDOT." (Department of Public Works) 5) The approved Lighting Plan. (Department of Planning Services) 6) Add note: "Weld County shall not be responsible for maintenance of drainage related structures." (Department of Public Works) D. All required Air Emissions Permits must be filed with the Air Pollution Control Division, Colorado Department of Public Health and Environment. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. (Department of Public Health and Environment) E. The applicant shall submit an updated waste handling plan, for approval, to the Environmental Health Services Division of the Weld County Department of Public Health & Environment. The plan shall include at a minimum, the following: 1) A list of wastes which are expected to be generated on site (this should include expected volumes and types of waste generated). 2) A list of the type and volume of chemicals expected to be stored on site. 3) The waste handler and facility where the waste will be disposed (including the facility name, address and phone number) (Department of Public Health and Environment) F. The applicant shall submit written evidence from the Colorado Division of Water Resources, demonstrating that they have a water supply appropriately permitted for the proposed use. (Department of Public Health and Environment) The applicant shall do one of the following: In the event the applicant proposes to share the existing well on the adjacent property, the applicant shall submit a document providing for shared well operation and maintenance by both parcels of land. The declaration shall be recorded and the recordation number indicated on the plat. A joint access easement agreement for the shared well shall be indicated on the plat. The applicant shall also provide an USR-1709 - Suncor Crude Unloading Facility 4 agreement with the Platteville Ditch authorizing the waterline for the shared well to pass under the ditch. OR The applicant shall submit written evidence from the Colorado Division of Water Resources, demonstrating that an individual well is available, on this parcel, for the industrial use. (Department of Public Health and Environment) G. In the event the applicant intends to utilize the existing septic system at the adjacent site, for employee and driver use, the septic system shall be reviewed by a Colorado Registered Professional Engineer. The review shall consist of observation of the system and a technical review describing the systems ability to handle the proposed hydraulic load. The review shall be submitted to the Environmental Health Services Division of the Weld County Department of Public Health and Environment. In the event the system is found to be inadequately sized or constructed the system shall be brought into compliance with current Regulations. (Department of Public Health and Environment) H. A signed copy of the Spill Prevention, Control and Countermeasure Plan shall be provided to Environmental Health Services Division of the Weld County Department of Public Health & Environment. In accordance with Section 3-6-1 of the Colorado Department of Labor and Employment Division of Oil and Public Safety Storage Tank Regulations (7 C.C.R. 1101-14) as well as EPA regulations (40 CFR Part 112) for above and below ground storage tanks. Alternately, the applicant can provide evidence from the EPA and CDL&E that they are not subject to these requirements. The applicant shall address the requirements (concerns) of the Weld County Department of Public Works, as stated in their referral response dated August 13, 2009. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. These requirements and concerns include but are not limited to: • Providing construction drawings for the requested improvements including: o Paving of the internal entrance and exit gate area, parking lot, and widening of the access radiuses to 45 feet. o Paving a minimum of 300 foot between the onsite gravel section and WCR 20 which will be utilized as a tracking pad. o Paving of WCR 20 from Highway 85 to the site entrance. o Paving of the eastbound right turn deceleration lane from Highway 85 onto WCR 20. • Providing an updated traffic study which addresses Public Works concerns. • Providing a final drainage report and final site grading plan • Providing an offsite geotechnical report acceptable to the County that includes pavement designs for offsite paving improvements. • Providing an onsite geotechnical report that has been stamped, signed, and dated by a professional engineer licensed to practice in the State of Colorado. (Department of Public Works) J. The applicant shall enter into an Improvements Agreement (On -site and Offsite) According to Policy Regarding Collateral for Improvements (Suncor Energy Inc., USR- 1709) for both on -site and offsite improvements. Collateral will be posted for both the on - site and offsite work to be completed. The agreement and form of collateral shall be submitted for and reviewed by the Departments of Planning Services and Public Works and accepted by the Board of County Commissioners prior to recording the Use by Special Review plat. (Departments of Public Works and Planning Services) USR-1709 — Suncor Crude Unloading Facility 5 K. The applicant shall submit a Screening Plan to the Department of Planning Services for review and approval. The plan shall address screening of the facility from the nearest residence located to the north of the site. (Department of Planning Services) L. A lighting plan, including cut sheets of the intended lights, shall be provided to the Department of Planning Services for review and approval. The lighting plan shall adhere to the lighting requirements for off-street parking spaces per Section 23-4-30.E of the Weld County Code and shall adhere to the lighting requirements in accordance with Section 23-3-360.F and 23-2-250.D of the Weld County Code. Further, the approved lighting plan shall be indicated on the plat. (Department of Planning Services) M. The applicant shall either submit a copy of an agreement with the property's mineral owner/operators stipulating that the oil and gas activities have been adequately incorporated into the design of the site or show evidence that an adequate attempt has been made to mitigate the concerns of the mineral owner/operators. Drill envelopes can be delineated on the plat in accordance with the State requirements as an attempt to mitigate concerns. The plat shall be amended to include any possible future drilling sites. (Department of Planning Services) 2. The applicant shall submit three (3) paper copies of the plat for preliminary approval to the Weld County Department of Planning Services. (Department of Planning Services) 3. Upon completion of 1. above the applicant shall submit a Mylar plat along with all other documentation required as Conditions of Approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by Department of Planning Services' Staff. The plat shall be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar plat and additional requirements shall be submitted within sixty (60) days from the date of the Board of County Commissioners resolution. The applicant shall be responsible for paying the recording fee. (Department of Planning Services) 4. The Department of Planning Services respectively requests the surveyor provide a digital copy of this Use by Special Review. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred format for Images is .tif (Group 4). (Group 6 is not acceptable). This digital file may be sent to mapsco.weld.co.us. (Department of Planning Services) 5. Prior to the Release of Building Permits: A. A building permit application must be completed and two complete sets of plans including engineered foundation plans bearing the wet stamp of a Colorado registered architect or engineer must be submitted for review. A geotechnical engineering report performed by a registered State of Colorado engineer shall be required. (Department of Building Inspection) B. Setback and offset distances shall be determined by the 2006 International Building Code (Offset and setback distances are measured from the farthest projection from the structure). (Department of Building Inspection) C. A plan review shall be approved and a permit must be issued prior to the start of construction. (Department of Building Inspection) D. A letter is required from the Fort Lupton Fire Protection District as to whether a fire permit will be required. (Department of Building Inspection). USR-1709 — Suncor Crude Unloading Facility 6 6. One month prior to construction activities: A. The applicant shall submit evidence of a Colorado Discharge Permit System or CDPS permit from the Colorado Department of Public Health and Environment (CDPH&E), Water Quality Control Division, to cover stormwater discharges from construction sites (5 CCR-1002-61). Alternately, the applicant can provide evidence from CDPH&E that they are not subject to the CDPS requirements. (Department of Public Health and Environment) 7. Prior to operation of the facility: A. A stop sign will be required to be installed at all points of ingress and egress before traffic will enter onto County Road 20. (Department of Public Works) 8. Prior to the issuance of the Certificate of Occupancy for the office building: A. An individual sewage disposal system is required for the proposed office facility and shall be installed according to the Weld County Individual Sewage Disposal Regulations. The septic system is required to be designed by a Colorado Registered Professional Engineer according to the Weld County Individual Sewage Disposal Regulations. (Department of Public Health and Environment) USR-1709 — Suncor Crude Unloading Facility 7 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Suncor Energy (U.S.A.) Pipeline Company USR-1709 1. Site Specific Development Plan and Special Review Permit for an Oil and Gas Support Facility (Crude Oil Truck Unloading Facility) in the A (Agricultural) Zone District and subject to the Development Standards stated hereon. (Department of Planning Services) 2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County Code. (Department of Planning Services) 3. The hours of operation will be 24 hours a day 7 days a week. (Department of Planning Services) 4. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S., as amended) shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. (Department of Public Health and Environment) 5. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S., as amended. (Department of Public Health and Environment) 6. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance conditions. (Department of Public Health and Environment) 7. The applicant shall operate in accordance with the approved "waste handling plan", at all times. (Department of Public Health and Environment) 8. The applicant shall comply with all provisions of the Underground and Above Ground Storage Tank Regulations (7 CCR 1101-14). (Department of Public Health and Environment) 9. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility shall be operated in accordance with the approved "dust abatement plan", at all times. (Department of Public Health and Environment) 10. Any vehicle washing area shall capture all effluent and prevent discharges from drum washing and the washing of vehicles in accordance with the Rules and Regulations of the Water Quality Control Commission, and the Environmental Protection Agency. (Department of Public Health and Environment) 11. This facility shall adhere to the maximum permissible noise levels allowed in the Industrial Zone as delineated in Section 14-9-30 of the Weld County Code. (Department of Public Health and Environment) 12. Adequate handwashing and toilet facilities shall be provided for employees and patrons of the facility, at all times. (Department of Public Health and Environment) 13. Sewage disposal for the facility shall be by septic system. Any septic system located on the property must comply with all provisions of the Weld County Code, pertaining to Individual Sewage Disposal Systems. (Department of Public Health and Environment) 14. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. (Department of Public Health and Environment) USR-1709, Suncor Crude Unloading Facility 8 15. This application is proposing a well as its source of water. The applicant should be made aware that while they may be able to obtain a well permit from the Office of the State Engineer, Division of Water Resources, the quantity of water available for usage may be limited to specific uses, i.e. domestic use only, etc. Also, the applicant should be made aware that groundwater may not meet all drinking water standards as defined by the Colorado Department of Public Health and Environment. We strongly encourage the applicant to test their drinking water prior to consumption and periodically test it over time. (Department of Public Health and Environment) 16. All potentially hazardous chemicals must be handled in a safe manner in accordance with product labeling and in a manner that minimizes the release of hazardous air pollutants (HAP's) and volatile organic compounds (VOC's). All chemicals must be stored secure, on an impervious surface, and in accordance with manufacturer's recommendations. (Department of Public Health and Environment) 17. If applicable, the applicant shall obtain a stormwater discharge permit from the Colorado Department of Public Health & Environment, Water Quality Control Division. (Department of Public Health and Environment) 18. The operation shall be comply with all applicable rules and regulations of the State and Federal agencies and the Weld County Code. (Department of Public Health and Environment) 19. No parking or staging of commercial vehicles shall be allowed on County roads. (Department of Public Works) 20. The maximum number of employees employed at the site shall be fifteen (15). (Department of Planning Services) 21. Suncor Energy agrees to excavate, repair, or patch any damage on said road that has been created by heavy truck hauling from USR site. The type and method of repair will be determined by the Public Works Director/County Engineer or his representative. The repairs shall commence within thirty (30) days of receipt or our written notice. (Department of Public Works) 22. There will be an annual road inspection in the spring to determine actual conditions and what work is to be performed that summer if any repairs are needed. (Department of Public Works) 23. At any time in the future, if road damage has increased beyond the point that repair of damage can reasonably restore the road, Suncor Energy will pay proportional share for reconstruction of those parts of said road. (Department of Public Works) 24. The landscaping/screening on site shall be maintained in accordance with the approved Landscape/screening Plan. (Department of Planning Services) 25. Sources of light, including light from high -temperature processes such as combustion or welding, shall be shielded so that light rays will not shine directly onto adjacent properties where such would cause a nuisance or interfere with the use on the adjacent properties; and Neither direct nor reflected light from any light source may create a traffic hazard to operators of motor vehicles on public or private streets and no colored lights may be used which may be confused with or construed as traffic control devices. (Department of Planning Services) 26. Effective January 1, 2003, Building Permits issued on the lot will be required to adhere to the fee structure of the County wide Road Impact Fee Program. (Department of Planning Services) 27. Effective August 1, 2005, Building Permits issued on the proposed lots will be required to adhere to the fee structure of the Capital Expansion Impact Fee and the stormwater/drainage impact fee. (Ordinance 2005-8 Section 5-8-40) USR-1709, Suncor Crude Unloading Facility 9 • • • 28. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. (Department of Planning Services) 29. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240, Weld County Code. (Department of Planning Services) 30. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250, Weld County Code. (Department of Planning Services) 31. Personnel from Weld County Government shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Development Standards stated herein and all applicable Weld County regulations. (Department of Planning Services) 32. The Special Review area shall be limited to the plans shown hereon and governed by the foregoing standards and all applicable Weld County regulations. Substantial changes from the plans or Development Standards as shown or stated shall require the approval of an amendment of the Permit by the Weld County Board of County Commissioners before such changes from the plans or Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. (Department of Planning Services) 33. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. (Department of Planning Services) 34. Weld County shall not be responsible for the maintenance of drainage related structures. (Department of Public Works) 35. The applicant shall obtain necessary right of way and access permits from the Public Works Department prior to the start of construction activities within the Weld County Right of Way. Contact Amy Burry, Utilities Coordinator, at 970-304-6496 x 3764. (Department of Public Works) USR-1709, Suncor Crude Unloading Facility 10 • +rim WE�Y� COLORADO • • September 16, 2009 DEPARTMENT OF PLANNING SERVICES 918 10T" Street GREELEY, CO 80631 PHONE: (970) 353-6100, Ext. 3540 FAX: (970) 304-6498 Suncor Energy c/o Julie Cozad Tetra Tech Inc 1900 S Sunset St, Ste 1-F Longmont CO 80501 Subject: USR-1709- A Site Specific Development Plan and Use by Special Review Permit for an Oil and Gas Support and Service Facility (crude oil truck unloading facility) in the A (Agricultural) Zone District on a parcel of land described as Lot A AmRE-2918 being Part of the NW4 of Section 20, T2N, R66W of the 6th P.M., Weld County, Colorado. Dear Applicants: I have scheduled a meeting with the Weld County Planning Commission on October 6, 2009, at 1:30 p.m. This meeting will take place in the Hearing Room, Weld County Planning Department, 918 10' Street, Greeley, Colorado. A subsequent hearing will be held on November 4, 2009 at 10:00 a.m., in the Chambers of the Board of County Commissioners, Weld County Centennial Center, 915 10' Street, First Floor, Greeley, Colorado. It is recommended that you and/or a representative be in attendance to answer any questions the Planning Commission members or Board of County Commissioners may have. Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of all mineral estate owners 30 days prior to any public hearing. The applicant needs to provide the Weld County Planning Department with written certification indicating the above requirement has been met. A representative from the Department of Planning Services will be out to the property a minimum of ten days prior to the hearing to post a sign adjacent to and visible from a publicly maintained road right-of-way which identifies the hearing time, date, and location. In the event the property is not adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent place on the property and a second sign posted at the point at which the driveway (access drive) intersects a publicly maintained road right-of-way. The Department of Planning Services' staff will make a recommendation concerning this application to the Weld County Planning Commission and will be included in the staff report one week prior to the scheduled Planning Commission hearing. You may view the staff report at www.co.weld.co.us/departments/planning/Planning/plan current If you have any questions concerning this matter, please call. Respectfully, lam' VtiC I/L �LG.n Chris Gathman Planner -40 • • • PLANNING COMMISSIONERS' SIGN POSTING CERTIFICATE THE LAST DAY TO POST THE SIGN IS September 26, 2009. THE SIGN SHALL BE POSTED ADJACENT TO AND VISIBLE FROM A PUBLICLY MAINTAINED ROAD RIGHT-OF-WAY. IN THE EVENT THE PROPERTY BEING CONSIDERED FOR A SPECIAL REVIEW IS NOT ADJACENT TO A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY, THE DEPARTMENT OF PLANNING SERVICES SHALL POST ONE SIGN IN THE MOST PROMINENT PLACE ON THE PROPERTY AND POST A SECOND SIGN AT THE POINT AT WHICH THE DRIVEWAY (ACCESS DRIVE) INTERSECTS A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY. I, CHRIS GATHMAN, HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE SIGN WAS POSTED ON THE PROPERTY AT LEAST TEN DAYS BEFORE THE PLANNING COMMISSIONERS HEARING FOR USR-1709 IN THE A (AGRICULTURAL) ZONE DISTRICT. STATE OF COLORADO ) ss. COUNTY OF WELD The foregoing instrument was subscribed and sworn to me this day of 1, ittf ( 2009. WITNESS my hand and official seal. CGATHM� Name of Person Posting Sign Signature of Person Posting Sign My Commission ExpInnt. My Commission Expires: 10-14-2011 EXHIBIT [-it] TETRA TECH 1900 S. Sunset Street, Suite I -F Longmont, CO 80501 Tel: 303.772.5282 Fax: 303.772-7039 MEMORANDUM To: Janet Carter and Don Carroll From: Julie Cozad -Tetra Tech; Terry Larson & Blaine Ayers-Suncor Subject: Suncor USR-1709 Date: August 26, 2009 This memo addresses our meeting on Monday, August 24, 2009 in regard to potential requirements for Weld County Road 20 as a part of the Suncor project in Weld County. 1. Suncor and Tetra Tech staff met with Weld County staff for a pre -application meeting on Thursday, October 9, 2008. During that meeting it was discussed that Suncor should show full build -out and all future improvements so that the permit would include everything that Suncor would want to do now and into the future. As a part of our application materials, future expansion was shown and subsequently our traffic study showed total numbers of trips per day at full build -out. The total number of trucks per day at full build -out is approximately 200 trucks. It is not known when full build -out will occur as it is dependant on market conditions. In our narrative, we described that initially approximately 10,000 barrels per day would be the trucked volume and that future volumes could go up to 25,000 to 32,000 barrels per day based on market conditions. See question #1 in the USR Narrative as it also discusses initial construction and future full build -out improvements. (I have attached a copy with this memo.) It is Suncor's intention to open the facility with four unloading bays and approximately 30-40 trucks per day. The office structure is not anticipated to be built in the initial phase, but later when the facility is at full capacity. 2. We also met with CDOT and the Weld County Public Works Department in two separate meetings on November 6, 2008 to specifically address Highway 85 and Weld County Road 20. In our meeting at CDOT, we met with Gloria Hice-Idler and Tim Bilobran. It was discussed that the turn lanes on Highway 85 were completed as a part of the previous Suncor submittal (USR- 1527) which has now been withdrawn. The access permit is valid unless traffic counts exceed the existing permit by 20%. Gloria ended the meeting by saying that CDOT would not have any further requirements for the project and that they appreciated the efforts that Suncor made in good faith since the previous USR had not gone through the full process and the new truck unloading facility had not yet been constructed. In our meeting with Weld County Public Works, we met with Dave Bauer, Don Dunker and Clay Kimmi. We discussed the current vehicle trips per day (we were told that the count at that time was 137 trips per day). We discussed with staff that a maximum of 192 vehicles would access 1 • • • the property during a 24 -hour period at full build -out of the project. Clay indicated that dust mitigation would be required to stabilize the road surface along Highway 85 beginning at the railroad tracks and ending at the entrance of the sign. He asked that we submit a dust mitigation plan with our application materials. A dust mitigation plan was submitted with our application, as requested. We also discussed that when WCR 20 reached a specific trigger count (500 trips per day was discussed), Suncor would be required to pave WCR 20 from their entrance to Highway 85. It was discussed that the trigger requirement would be included with the Long Term Maintenance Agreement and negotiated during the USR process. Suncor moved forward with their application based on this information and would like to still be able to negotiate waiting to pave WCR 20 until the time it is warranted based on specific traffic counts on WCR 20 and that any improvements be a proportionate share if additional traffic is coming from other sources in the area. 3. Suncor is open to other ideas to address the County's concerns in regard to WCR 20. Suncor and Tetra Tech staff will continue to evaluate options and submit those ideas to Public Works staff as the process continues. Suncor will also continue to evaluate the costs of improvements to WCR 20 and work with staff to determine a win -win scenario for all parties involved. Suncor is committed to this project; however, if the costs are too prohibitive, this project may not be able to move forward. Thank you for your consideration and further evaluation by the Public Works staff. We appreciate your professionalism in handling this matter. 2 • CASE NUMBER: USR-1709 FIELD CHECK ,1/4/0x APPLICANTS NAME: Suncor Energy Inc PLANNER: Chris Gathman DATE OF INSPECTION: REQUEST: A Site Specific Development Plan and Use by Special Review Permit for a Mineral Resource Development Facility including an Oil and Gas Storage Facility in the A (Agricultural) Zone District. LEGAL DESCRIPTION: Lot A of AmRE-2918 being Part of the NW4 of Section 20, T2N, R66W of the 6th P.M., Weld County, Colorado. LOCATION: South of and adjacent to CR 20 and East of State Hwy 85. N P i c � �-l1 1 �� 11 �� +�S6 E ��� (i-col LAND USE: • ZONING: N A (Agricultural) E A (Agricultural) S A (Agricultural) W A (Agricultural) ; I Lt( COMMENTS: /f t x�s%y .Suvk ("4- Frtekltb . iL 14 )-q/ tic/CP_ -20 tn,l( e clue/ IS5ce-5. <���o-e✓dam iljetlaN poop she , P.C. Member . • FIELD CHECK inspection dates: 9/25/2009 APPLICANT: Suncor CASE #: USR-1709 REQUEST: Site Specific Development Plan and Special Review Permit for an Oil and Gas Support and Service Facility (Crude Oil Truck Unloading Facility) in the A (Agricultural) Zone District LEGAL: Lot A of AmRE-2918 being Part of the NW4 of Section 20, T2N, R66W the 6th P.M., Weld County, CO LOCATION: South of and adjacent to CR 20 and East of State Hwy 85 PARCEL ID #: 130920200058 ACRES: +/- +/- 34.5/USR boundary +/- 12.3 acres • • N A N Agricultural land (single-family residence approx. 900 feet from entrance to proposed facility) E A E Ag land (single-family residence approx. '/ mile away) S A S Agricultural Land W A W Oil and gas support facility/railroad/commercial car sales approx.'/-1/2 mile to the west COMMENTS: Site is an existing agricultural parcel that borders a ditch and oil and gas support facility on the west. The proposed facility is to be located at the eastern end of the site. 44,431 Chris Gathman - Planner III • • • iitrit I O COLORADO • • July 23, 2009 Suncor Energy c/o Julie Cozad Tetra Tech Inc 1900 S Sunset St, Ste 1-F Longmont CO 80501 DEPARTMENT OF PLANNING SERVICES NORTH OFFICE 918 10TH Street GREELEY, CO 80631 PHONE: (970) 353-6100, Ext. 3540 FAX: (970) 304-6498 Subject: USR-1709 - Request for a Site Specific Development Plan and Use by Special Review Permit for a Mineral Resource Development Facility including an Oil and Gas Storage Facility in the A (Agricultural) Zone District on a parcel of land described as Lot A of AmRE-2918 being Part of the NW4 of Section 20, T2N, R66W of the 6th P.M., Weld County, Colorado. Dear Applicants Your application and related materials for the request described above are being processed. I will schedule a meeting with you to discuss the referrals after we have received them. Once the concerns and requirements of the referral agencies have been met or the applicant has shown an attempt to meet their concerns and requirements, a Planning Commission Hearing will be scheduled. It is the policy of Weld County to refer an application to any town or municipality lying within three miles of the property or if the property is located within the comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of the submitted materials to the Ft. Lupton Planning Commission for their review and comments. Please call Ft. Lupton at 303-857-6694 for further details regarding the date, time, and place of this meeting. It is recommended that you and/or a representative be in attendance at the Ft. Lupton Planning Commission meeting to answer any questions the Commission members may have with respect to your application. If you have any questions concerning this application, please call. Respectfully, &L Chris Gathman Planner 4' • • Chris Gathman From: Out: Cc: Subject: Chris Gathman Friday, May 22, 2009 4:54 PM 'Cozad, Julie' Donald Carroll; Janet Carter; Clayton D. Kimmi; Lauren Light RE: 7 -Day Review Comments for USR-1572 Julie, I reviewed the packets. There were only a couple of minor items: 1) Planning requested at the pre -application meeting that a "piping diagram" be submitted to show where everything goes. 2) An updated Certificate of Conveyances cover sheet (current within 30 days) should be submitted. 3) Finally Department of Planning Services requested at the pre -application meeting specification on who owns the pipeline exiting the site (and submit a memorandum of understanding for use of the pipeline if under separate ownership/control). Feel free to let me know if you have any questions. Have a Great Weekend! Sincerely, Chris Gathman • Original Message From: Cozad, Julie[mailto:Julie.Cozad@tetratech.com] Sent: Friday, May 22, 2009 3:43 PM To: Chris Gathman Subject: RE: 7 -Day Review Comments for USR-1572 Thanks Chris. It doesn't appear that we need to add anything to our submittal unless Planning needs something. I look forward to hearing from you. Julie Julie A. Cozad I Land Planning Manager Civil Engineering and Land Planning Department Main: 303.772.5282 I FAX: 303.772.7039 I Cell 303-709-3319 Direct line: 720-864-4564 julie.cozad@tetratech.com Tetra Tech I Engineering and Architectural Services (EAS) 1900 South Sunset Street, Suite 1-F I Longmont, CO 80501 I www.tetratech.com • EASE NOTE: This message, including any attachments, may include privileged, ,.onfidential and/or inside information. Any distribution or use of this communication by anyone other than the intended recipient is strictly prohibited and may be unlawful. If you are not the intended recipient, please notify the sender by replying to this message 1 f and then delete it from you•ystem. • • Original Message From: Chris Gathman [mailto:cgathman@co.weld.co.us] Sent: Friday, May 22, 2009 3:36 PM To: Cozad, Julie Subject: FW: 7 -Day Review Comments for USR-1572 Julie, Here is one final memorandum from Public Works (on the Drainage Report). I will be finalizing my review hopefully this afternoon. I will definitely have my comments to you prior to Tuesday FYI: In case you didn't know. We just started going to digital referrals. We only need the 4 complete sets (so whatever additional info. requested by Health, Public Works and Planning) of the paper copies along with one (1) digital CD of the packet. Sincerely, Chris Original Message From: Clayton D. Kimmi Sent: Friday, May 22, 2009 9:03 AM To: Chris Gathman Cc: Donald Carroll subject: 7 -Day Review Comments for USR-1572 ris, Here are my 7 -day review comments for the Suncorp Energy Site. My comments deal only with the drainage report. Janet and Don C will have comments regarding the other items. Thanks Clay Kimmi, P.E., C.F.M. Drainage and Floodplain Engineer 1111 H Street Greeley, CO 80632 (970) 304-6496 x 3741 • 2 Hello